Minimum Holiday Law For Workers

Original Language Title: Mindesturlaubsgesetz für Arbeitnehmer

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Minimum leave law for employees (federal leave law)

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BUrlG

date of issue: 08.01.1963

Full quote:

" Bundesurlaubsgesetz in der im Bundesgesetzblatt III, Part III, Division number 800-4, published in a revised version, as last amended by Article 3 (3) of the Law of 20. April 2013 (BGBl. I p. 868) "

:Last modified by Art. 3 (3) G v. 20.4.2013 I 868

See Notes

Footnote

(+ + + Text credits: 1.11.1974 + + +)
(+ + +) for more information on the stand. due to EinigVtr no longer apply gem. Art. 20
G v. 6.6.1994 I 1170 mWv 1.1.1995 and Art. 109 No. 3 (3). a
DBuchst. cc G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +)

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input formula

The Bundestag, with the approval of the Bundesrat, has The following law has been approved: Non-official table of contents

§ 1 vacation entitlement

Each employee has a right to pay in each calendar year Relaxing holidays. Non-official table of contents

§ 2 Scope

Workers within the meaning of the law are workers and employees, and those for their vocational training Employees. Employees are also persons who, because of their economic independence, are to be considered as employees-like persons; for the area of home work, § 12 applies. Non-official table of contents

§ 3 Duration of leave

(1) The holiday is at least 24 working days per year.(2) All calendar days, which are not Sundays or statutory public holidays, shall be considered as working days. Non-official table of contents

§ 4 Wait time

The full holiday entitlement is acquired for the first time after six months of the employment relationship. Non-official table of contents

§ 5 partial leave

(1) entitlement to one twelfth of the annual leave for each full month of existence of the The employee has an employee
a)
for periods of a calendar year for which he or she is responsible for Non-fulfilment of the waiting period in this calendar year does not acquire a full holiday entitlement;
b)
if it is a pre-filled waiting period from the employment relationship
c)
if it leaves the employment relationship after the waiting period in the first half of a calendar year.
(2) fractions of vacation days, for at least half a day, are to be rounded up to full vacation days.(3) If, in the case referred to in paragraph 1, point (c), the worker has already received a holiday beyond the extent to which he is responsible, the holiday charge paid for this purpose may not be reclaimed. Non-official table of contents

§ 6 Exclusion of double claims

(1) The right to leave does not exist as far as the employee is responsible for the current The calendar year has already been granted by a previous employer.(2) The employer shall be obliged to issue a certificate to the employee at the end of the employment relationship for the holidays granted during the current calendar year or for a period of leave. Non-official table of contents

§ 7 Date, transferability, and retribution of the holiday

(1) In determining the time of the holiday, the take into account the wishes of the employee, unless their consideration is contrary to the urgent needs of the company or to the wishes of other workers who earn the priority from a social point of view. The holiday shall be granted if the worker is required to do so following a measure of medical care or rehabilitation.(2) The holiday shall be granted in a coherent manner, unless there is a need for a division of the leave to be required by the urgent business or the person of the worker. If, for these reasons, leave cannot be granted in a coherent manner, and if the worker is entitled to leave more than 12 working days, one of the holiday parts must be at least twelve consecutive working days.(3) The holidays must be granted and taken in the current calendar year. A transfer of the holiday to the next calendar year shall be permitted only if there are grounds for urgent business or in the person of the employee. In the case of transfer, the holiday shall be granted and taken during the first three months of the following calendar year. However, at the request of the employee, a part-leave on the basis of § 5 (1) (a) shall be transferred to the next calendar year.(4) If the holiday can no longer be granted in whole or in part because of termination of the employment relationship, it shall be deducted. Non-official table of contents

§ 8 activity during leave

During the holiday, the employee is not allowed to oppose the holiday purpose gainful employment. Non-official table of contents

§ 9 Illness during the holiday

A worker who is sick during the holiday, who is a member of the employee, will be covered by a medical certificate. not counting the days of incapacity for work on annual leave. Non-official table of contents

§ 10 Measures of medical care or rehabilitation

Measures of medical care or rehabilitation may not be credited to the holiday, insofar as a right to payment of the remuneration exists in accordance with the statutory provisions on the payment of compensation in the event of illness. Non-official table of contents

§ 11 holiday pay

(1) The holiday pay is based on the average work earnings of the employee. in the last thirteen weeks prior to the start of the holiday, with the exception of the additional working earnings paid for overtime. In the case of derisory increases not only of a temporary nature occurring during the calculation period or the holiday, the increased earnings shall be assumed. Reductions in earnings that occur during the calculation period due to short-time work, work outages or involvment of involvment in work shall not be taken into consideration for the calculation of the holiday pay. Non-cash benefits, which are not granted during the holiday period, are to be paid in cash for the duration of the holiday.(2) The holiday fee shall be paid prior to the arrival of the holiday. Non-official table of contents

§ 12 Holidays in the field of homework

For the employees working at home and the employees in accordance with § 1 (2) (a) to (c) of the Home Work Act, which is not expressly excluded from equality of the holiday scheme, the above provisions shall apply, with the exception of sections 4 to 6, 7 (3) and (4) and § 11, in accordance with the following provisions: Provisions:
1.
Home workers (§ 1 (1) (a) of the Heimarbeitsgesetz) and § 1 (2) (2) (a) of the Heimarbeitsgesetz (Heimarbeitsgesetz) equals those who are employed by their adjudicating entity or, if they are employed by an intermediate master, a holiday charge of 9,1 of the hundred of the 1-day period of the first 24 working days. May 30. April of the following year or until the end of the employment relationship earned earnings before deduction of taxes and social security contributions without an uncost surcharge and without the pay loss on holidays, the work loss as a result of illness and holidays to be paid.
2.
If the claimer was not employed permanently during the calculation period, then without prejudice to the Entitlement to holiday pay according to point 1 shall only be given as many days as the average daily earnings which it has generally achieved are included in the holiday charge as specified in point 1.
3.
The holiday fee for the persons referred to in point 1 is not to be paid until the last payment payment before the holiday is started.
4.
Hausadvertisers (§ 1 para. 1 letter b of the Heimarbeitsgesetz) and according to § 1 paragraph 2 (b) and (c) of the Heimarbeitsgesetz (home employment law) equals received from their contracting authority or, if employed by an intermediate master, from the intermediate master, and in order to secure the holiday entitlements of the employees, an amount of 9,1 from the hundred of the remuneration paid to them before the deduction of the Taxes and social security contributions without extra charge and without the payments to be paid on public holidays, the loss of work due to illness and holidays.
5.
Interleasemasters who are treated as home workers in accordance with Section 1 (2) (d) of the Home Labour Code shall be entitled against their clients to the employees of the amounts shown to be payable in accordance with points 1 and 4.
6.
The amounts referred to in points 1, 4 and 5 shall be shown separately in the pay receipt.
7.
By collective agreement it can be determined that homeworkers (§ 1 para. 1 (a) of the Heimarbeitsgesetz), who are active only for a client and are generally accepted as Workers are treated on holiday according to the general holiday provisions.
8.
The amounts provided for in points 1, 4 and 5 are subject to § § 23 bis 25, 27 and 28, and to the amounts provided for in paragraphs 1 and 4 above, in addition to Article 21 (2) of the Heimarbeitsgesetz (Home Work Act). For the holiday claims of the foreign auxiliary staff of the persons referred to in point 4 above, § 26 of the Heimarbeitsgesetz applies accordingly.
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§ 13 Inaliability

(1) The above provisions, with the exception of § § 1, 2 and 3 (1), can be waived in collective agreements. The divergent provisions shall apply between non-tariff employers and employees where the application of the relevant collective leave arrangements is agreed between them. Moreover, apart from the second sentence of Article 7 (2), the provisions of this Act may not deviate from the worker's benefit.(2) For the construction industry or other economic activities in which, as a result of frequent changes in the location of the work to be carried out by the enterprises, employment relationships of a shorter duration than one year are to a considerable extent, the contract may be concluded by means of collective agreements shall be deviated from the above provisions beyond the limit laid down in the first sentence of paragraph 1, to the extent that this is necessary in order to ensure a coherent annual leave for all workers. The second sentence of paragraph 1 shall be applicable.(3) For the area of Deutsche Bahn Aktiengesellschaft as well as one pursuant to § 2 (1) and § 3 (3) of the Deutsche Bahn Founding Act of 27. December 1993 (BGBl. I p. 2378, 2386) and for the area of the successor companies of the Deutsche Bundespost can be deviated from the provision relating to the calendar year as a holiday year (§ 1) in collective agreements. Non-official table of contents

§ 14 Berlin clause

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Non-official table of contents

§ 15 Change and repeal of laws

(1) Unaffected remain the legal provisions of the Workplace Protection Act of 30 June March 1957 (Bundesgesetzbl. 293), as amended by the Law of 22. March 1962 (Bundesgesetzbl. 169), of the ninth Book of the Social Code of the Youth Labour Protection Act of 9. August 1960 (Bundesgesetzbl. 665), as amended by the Law of 20. July 1962 (Bundesgesetzbl. 449), and the Maritime Labour Code of 20. April 2013 (BGBl. I p. 868), but
a) and b) ...(2) With the entry into force of this Act, the provisions of national law relating to recreational leave shall be repeal. In force, however, the national provisions on holidays for victims of National Socialism and for those workers who are mentally or physically disabled in their employability remain in force. Non-official table of contents

§ 15a Transitional rule

is the employee of one day after the 9. December 1998 to 1 January January 1999 or beyond in a measure of medical care or rehabilitation, are for this period which have been since the 1. The provisions of this Regulation shall apply in force in January 1999 unless they are less favourable to the worker. Non-official table of contents

§ 16 Entry into force

This law occurs with effect from 1. January 1963, in force.